The Court of Appeal has upheld the EAT’s decision in Donelien v Liberata that on the facts the employer could not reasonably be expected to know the worker had a disability.
Even though the OH reports were insufficient as regards whether the claimant had a disability, the employer had formed its view that there was no disability within the DDA not just from these reports but from a significant amount of other material as well. It was held to have done enough. The claim for reasonable adjustments therefore failed.
The Court of Appeal in Donelien also commented that Gallop is not saying an employer may not attach great weight to the ‘informed and reasoned’ opinion of an occupational health consultant.
The Court of Appeal decision in Donelien is at www.bailii.org/ew/cases/EWCA/Civ/2018/129.html